Events

Holyoke City Council Meeting Text Size

Event takes place on May 03, 2016 at 7:00 PM
536 Dwight Street, City Council Chambers

AGENDA FOR THE CITY COUNCIL
May 3,2016

LAID ON THE TABLE

1. Petition of Verizon New England , Inc. to place one pole on the northerly side of Harvard St. at a point approximately one hundred seventy-three (173) feet Easterly from the center line of Pleasant St.

2. the City Council adopt a resolution affirming the City of Holyoke’s commitment to civil rights and ensuring equity for all people in Holyoke and beyond. That a copy of this resolution be provided to Senator Humason, State Representative Vega, and Governor Baker.

3. The Committee on Development and Governmental Relations to whom was referred an order

The City consider: hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be 1% of the annual real estate tax levy against real property commencing in fiscal year 2018; and that the City hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined
in Section 2 of said Act, $100,000 of the value of each taxable parcel of residential real property, $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said Chapter 59. Upon approval of the City Council, the actions of the body shall be submitted for acceptance by the voters at the next regular municipal or state election.

Or

the City hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be .5% of the annual real estate tax levy against real property commencing in fiscal year 2018; and that the City hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined in Section 2 of said Act, $100,000 of the value of each taxable parcel of residential real property, $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said Chapter 59. Upon approval of the City Council, the actions of the body shall be submitted for acceptance by the voters at the next regular municipal or state election. Recommend that the order be referred to the full City Council without a recommendation

4. The Committee on Development and Governmental Relations to whom was referred an order that the City hereby accepts Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purposes permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; that the amount of such surcharge on real property shall be 1.5% of the annual real estate tax levy against real property commencing in fiscal year 2018; and that the City hereby accepts the following exemptions from such surcharge permitted under Section 3(e) of said Act: property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined in Section 2 of said Act, $100,000 of the value of each taxable parcel of residential real property, $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said Chapter 59. Upon approval of the City Council, the actions of the body shall be submitted for acceptance by the voters at the next regular municipal or state election Recommend that the order be adopted

5. The Committee on Development and Governmental Relations to whom was referred an order that the City invite Mayor Morse, representatives from the Community Preservation Coalition, the City’s Legal Department, and local Holyoke cpa advocates to provide information about how the CPA functions and answer questions regarding the adoption of the Community Preservation Act. Also extend invitations to Representative Vega and Senator Humason to attend this meeting, if their schedules allow. Recommend that the order has been complied with

MUNICIPAL BUDGET

6. FY 17 General Budget

PUBLIC COMMENT

 

COMMUNICATIONS

7. Election of City Councilor at Large

8. From Mayor Alex B. Morse letter appointing Mr. Dan Fitzgerald, 40 Gates St. to serve as an Associate Member of the Historical Commission for the City of Holyoke: Mr. Fitzgerald will serve a two-year term; said term will expire on April 2018.

9. From Mayor Alex B. Morse letter appointing Ms. Jean E. Jonker, 198 Locust St. to serve as an Associate Member of the Historical Commission for the City of Holyoke: Ms. Jonker will serve a two-year term; said term will expire on April 12, 2018.

10. From Mayor Alex B. Morse, letter re-appointing Mr. Harry Montalvo, 587 Pleasant St. Apt 4L, to serve as an Associate Member of the Planning Board for the City of Holyoke: Mr. Montalvo will serve a five-year term; said term will expire on June 30, 2021.

11. From Brenna Murphy McGee, City Clerk & Ryan Allen, Admin. Ass’t to City Council minutes from regular meeting on April 5, and Special meeting on April 25, 2016.

12. From City Clerk Brenna Murphy McGee, letter/binder about Special Permits, Business Certificates

13. From Yem Lip, City Engineer, letter re: report of the City engineer acceptance of Liberty Street as an accepted public street.

14. From Parks & Recreation Commission minutes from May 2, 2016.

15. From Board of Health minutes from March 3, 2016.

16. From Holyoke Economic Development and Industrial Corporation minutes from February 18, 2016.

17. From Holyoke Redevelopment Authority minutes from February 17, and March 3, 2016.

18. From Board of Public Works minutes from March 14, 2016.

19. From Sewer Commission minutes from March 14, 2016.

20. From Stormwater Authority minutes of March 14, 2016.

21. From Fairfield Avenue Local Historic District Commission minutes from March 9, 2016.

22. From Historical Commission minutes from March 14, 2016.

23. From Thomas J. O’Connor Animal Control and Adoption Center minutes of January 13, 2016.

24. Invitation for the official opening of the Western Massachusetts Veterans Treatment Court for Friday, May 20, 2016 at 2pm at the Holyoke War Memorial.

PETITIONS

25. Petition for partial discontinuance of Alley between Suffolk Street and Dwight Street.

26. Petition of Ann O’Leary for a renewal of a home occupation for 208 Huron Ave. for a real estate business.

27. Petition of Marc Grenier for a renewal of a home occupation at 7 Mt. Tom Ave. for a handyman business.

28. Petition of Hugenpoet, LLC for a Zone Change at 121 Elm St, 131 Suffolk and 8 Walnut St. from BH and RO to BC.

29. Petition of Brad Matthew Jewelers for a renewal of a second hand license at 2225 Northampton St.

30. Petition of Zuleika Rivera for a new second hand license at 68 Cherry St.

PRESIDENT’S REPORT

 

REPORTS OF COMMITTEES

31. Ordinance Committee Reports (if any)

31A. The Committee on Ordinance to whom was referred an order that the City adopt the Paleontological Resources Ordinance for the City of Holyoke Recommend that the order be adopted

31B. The Committee on Ordinance to whom was referred an order City Council approve and ratify an agreement between the City of Holyoke and Dinn Brothers, Inc., and in accordance with Mass. Gen. Laws ch. 59, sec. 38H, for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for a solar facility located on the property at Bobala Rd. Map 174, Parcel 34, Holyoke, MA. Recommend that the order be adopted

31C. The Committee on Ordinance to whom was referred an order Ordered that the City Council approve and ratify an agreement between the City of Holyoke and O’Connell Development Group, and in accordance with Mass. Gen. Laws ch. 59, sec. 38H, for payment in lieu of taxes (“PILOT”) of certain personal property tax obligations for a solar facility located on property at Kelly Way. Map 176, Parcel 48, Holyoke, MA. recommend that the order be adopted

31D. The Committee on Ordinance to whom was referred an order that the City Council review and amend Sections 18-35 “Regulations of Blighted and Vacant Buildings” and any other sections as may be necessary. Recommendations should be solicited from the Mayor, Building Commissioner, Board of Health, and Police Dept. Recommend that the order be adopted as amended

31E. The Committee on Ordinance to whom was referred That Zoning Section 7.1.1 §4 be amended as follows by adding the following clause, “Parking lots or structures designed to serve these institutions and their accessory uses and buildings are allowed whether or not a fee is charged for their use; provided, that parking lots shall only be allowed by special permit of the City Council.”(Re-filed from August 4 due to no committee action) Recommend that the order be adopted as amended

31F. The Committee on Ordinance to whom was referred an order “That the area on Beech Street, on southbound lane within 100′ south of Hampshire Street and on northbound lane within 120′ south of Hampshire Street, be designated as a “No Parking” area. That this change be implemented as soon as possible to improve safety for drivers at this intersection.” Recommend that the order be adopted

31G. The Committee on Ordinance to whom was referred an order that the City Council initiate a Home Rule Petition for Prevailing Wages Exemptions. This would be to exempt Holyoke from complying with Sections 26 though 27g of Chapter 149 G.G. for projects estimated to cost $35,000 or less Recommend that the order be adopted as amended

31H. The Committee on Ordinance to whom was referred that solar installations by right be limited to industrial and business zones. Any other solar proposals in a residential zone, other than an individual home, be subject to special permit. Recommend that the order be adopted as amended

31I. The Committee on Ordinance to whom was referred an order that the Council consider legislation prohibiting smoking on all City owned property and/or in all City owned vehicles Recommend that the order has been complied with

31J. The Committee on Ordinance to whom was referred an order that an ordinance be created that prohibits smoking in all City owned vehicles, third hand smoke, or smoky scent left in a vehicle can negatively effect other employees health Recommend that the order has been complied with

31K. The Committee on Ordinance to whom was referred that a handicap sign be placed in front of 65 Taylor St. for Faizul Sibdhanny Recommend that the application be denied

31L. The Committee on JOINT COMMITTEE OF THE CITY COUNCIL AND SCHOOL COMMITTEEto whom was referred an order Ordered: That the City of Holyoke invite the Mayor, the School Department, the Law Department, and all other departments necessary to appear before the Joint Committee of the City Council and School Committee. The purpose would be to discuss the permanent home of the School Department Headquarters. Furthermore, on the feasibility of 57 Suffolk Street, being acquired to permanently house the school department, including through the use of eminent domain, in order to save the tax payers of the City of Holyoke money. Recommend that the order has been complied with, also recommend that the order be referred to the Finance Committee

31M. The Committee on JOINT COMMITTEE OF THE CITY COUNCIL AND SCHOOL COMMITTEE to whom was referred an order That Illeana Cintron, the newly hired, Family, Student, and Community Engagement Director appear before the Joint Committee of the City Council, and School Committee to outline vision for engagement, and answer any questions regarding said plan. Recommend that the order has been complied with

32. Finance Committee Reports (if any)

33. Public Safety Committee Reports (if any)

33A. The Committee on Public Safety to whom was referred an order that County Rd. be evaluated for elimination of the passing zones as they encourage an increased rate of speed by drivers. Awaiting disposition

33B. The Committee on Public Safety to whom was referred an order At the point where Apremont Hwy turns right up the hill toward 202 and meets Rock Valley Road, that the intersection be re-configured into a “T” three- way stop. There has been a long standing safety hazard with the current configuration of the roadways. This is requested if our City Engineer finds it to be acceptable. awaiting disposition

33C. The Committee on Public Safety to whom was referred an order Due to constituent concerns, the city engineer provides recommendation(s) to improve and make safer the intersection at South St., Maple St. and Parenteau Dr. Motorists are making left turns on the red light and crossing over into oncoming traffic. Also, have the city install better street signage at this intersection Awaiting disposition

33D. The Committee on Public Safety to whom was referred an order Ordered our illegal dumping ordinances be reviewed to determine ways in which the City can enforce them with more success. In addition, that the possibility of installing video cameras in alley “hot spots” is explored as a way to curb illegal dumping.
awaiting disposition

33E. The Committee on Public Safety to whom was referred an order Ordered that the intersection of Apremont Highway and Rt. 202 be evaluated for a traffic light and if needed that a cost for installation be determined Awaiting disposition

33F. The Committee on Public Safety to whom was referred an order that Holyoke P.D. enforce the “do not block the box” ordinances citywide but in particular the two on Northampton St. near Clark and Gilman and please report back to the Public Service committee with any findings. Awaiting disposition

33G. The Committee on Public Safety to whom was referred an order : that the Conservation Commission, DPW, and City Engineer, come before the City Council to discuss the potential new access road for University apartments and the wet land surrounding that potential new road. awaiting disposition

33H. The Committee on Public Safety to whom was referred an order : That the crosswalk on Hampden Street (across from Stop and Shop) be evaluated for improvement’s, including but not limited to, blinking crosswalk lights. The safety of pedestrians is in jeopardy at this location on a regular basis due to the speed at which vehicles travel on Hampden Street. awaiting disposition

33I. The Committee on Public Safety to whom was referred an order : the DPW study the impact of adding a traffic light on the intersections of Main Street & St. Vincent’s Street, in order to slow the speed, and elevate the flow of traffic, also to make walking and crossing the streets safer for students attending William J. Dean Technical High School. Awaiting disposition

33J. The Committee on Public Safety to whom was referred an order : that Holyoke P.D. monitor speed on Longwood Ave. and report findings to the Public Safety committee. Awaiting disposition

33K. The Committee on Public Safety to whom was referred Jourdain 3/15/16: Order: That the Mayor and Police Chief please provide answers to the following questions:
1. Will the city by incurring any costs including travel, hotel, meal or other related expenses related to Chief’s training in Virginia?
2. Please explain what benefits there will be to the city from his attendance at this training including please provide us all program materials and requirements.
3. How will the Acting Chief’s former duties be handled for the 10 weeks he or she will not be doing their Captain duties?
4. Are ther eany other local chiefs attending this training? Awaiting disposition

34. Public Service Committee Reports (if any)

35. Development and Governmental Relations Committee Reports (if any)

35A. The Committee on Development and Governmental Relations to whom was referred Special Permit application of Mr. Jesus Candelario to operate a bed and breakfast at 1109 Dwight St Recommend the application be approved with the following conditions:

1. Seven Parking spaces be provided 2 spaces for the resident and 5 for the visitors
2. Maximum stay at the Bed and Breakfast is 14 days
3. Only breakfast can be served
4. Sign must be 6 Sq. feet. Sign cannot be used for marketing. Sign cannot be illuminated

35B. The Committee on Development and Governmental Relations to whom was referred an order that DPW and MA DOT determine how to replace/upgrade the lights at Homestead Ave/ Jarvis Ave/ Cherry St. intersection. This would include walk signals and moving a light pole away from the curb on Homestead and adding a guardrail. Recommend that the order has been complied with

35C. The Committee on Development and Governmental Relations to whom was referred an order that the City Council invite the Acting Regional Director of MA DOT to a future meeting of the Development and Govt. Relations Committee Recommend that the order has been complied with

36. Charter and Rules Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

37. BARTLEY — Whereas, on November 17, 2015 the City Council approved acceptance of an offer from Holyoke Health Center, Inc. to purchase the property at 245 High Street;

Whereas, the original order to approve acceptance of the offer mistakenly listed Holyoke Medical Center as the buyer; and

Whereas, the committee report amended the original order to correct the name of the buyer, but said change was not made to the original order that was subsequently signed by the City Clerk and Mayor.

Now therefore, the City Council hereby confirms its vote of November 17, 2015 to approve acceptance of an offer from Holyoke Health Center, Inc. to purchase the property at 245 High Street (MBP 012 03 002).

38. BARTLEY — the City Council approve the Resolution for the Certified Project and Tax Increment Financing (TIF) Agreement with Nestingly 181, LLC for the redevelopment project (known as ” The Cubit”) at 181 Appleton Street and the abutting parcels in total identified as Board of Assessors Map 030, Block 06, Parcels 008, 009, 010, 011 and 012.

39. BARTLEY — the City Council approve the Resolution for the Certified Housing Development Incentive Program Project and local Tax Increment Exemption (TIE) Agreement with Nestingly 181, LLC for the redevelopment of 181 Appleton Street (known as “The Cubit”) and the abutting properties in Board of Assessors Map 030, Block 06, Parcels 008, 009, 010, 011 and 012.

40. BRESNAHAN — the American Flag located on the corner of Hampden and Linden Street, parcel ID 075-01-002 be illuminated by light at night as required by the United States Flag Code.

41. JOURDAIN — the DPW install more speed limit signs on West Franklin Street, and install one coming down West Franklin that has the radar feature on it.

42. JOURDAIN — the Police put up the radar machine on West Franklin St, and actively ticket offenders on West Franklin Street for speeding violations as necessary.

43. JOURDAIN — the City Engineer review West Franklin Street where appropriate for additional marked crosswalks and add appropriate signage for these as necessary.

44. JOURDAIN — the City Council adopt an ordinance for sewer shut-off
BARTLEY authority for the Holyoke Water Department.

45. LEAHY — the Honorable Holyoke City Council presents William D. Fuqua, Superintendent of the Department of Public Works, a proclamation celebrating his 34 years of dedication to the City of Holyoke.

46. LISI — “Ordered, that the City of Holyoke create a Retail Center (RC) zone for large-scale districts, taking into account both present tenancies and desired future development of such properties, with appropriate criteria to ensure proper uses and promote continued mixed commercial / retail development in Holyoke.”

47. LISI — “Ordered, that the City of Holyoke rezone the following parcels to Retail Center (RC) in an effort to create a cohesive regional destination district of mixed commercial / retail uses in which all property owners will share the same regulations towards development.:117-00-005, 174-00-013,174-00-013A,174-00-013,174-00-016, 174-00-017, 174-00-018, 174-00-020, 174-00-021, 174-00-022, 174-00-024, 176-00-010B, 176-00-010C, 176-00-013, 176-00-014, 176-00-014.1, 176-00-027, 176-00-028, 176-00-029″

48. LISI — “Ordered, that the City of Holyoke remove from its Code of Ordinances, Appendix A, Zoning Ordinance, Section 8.3 “Shopping Center Districts” and any other references to said zone and replace with Retail Center (RC).”

49. MCGEE — Order that DPW and Park & Rec inspect all playground areas and fix/repair areas that need attention ASAP. Also, that new wood chips be added in to all play ground areas.

50. MCGEE — Order that DPW and/or Park & Rec develop and maintain a maintenance program for the parks in order to assure children’s safety.

51. MCGEE — Order that all cross walks be repainted around Kennedy park (highland school).

52. MCGEE — Order that blinking red crossing walk signs be placed around Kennedy park. (Highland school).

53. MCGEE — Order that the DPW install a children at play sign
TALLMAN on the pole near 187 Bemis.

54. MCGEE — Order that the police traffic unit (maybe via the use of the traffic safety grant money) do traffic checks along Bemis. Several residents are concerned of speeding and safety for children.

55. MCGEE — Order that the DPW and/or engineer come before public safety to discuss the possibility of adding sidewalks along Bemis.

56. MCGEE — Order that the temp speed bumps and traffic study be done on Bemis.

57. MCGEE — that the legal department establish a list of Holyoke receivership companies that can be used on a rotating basis for housing court referrals.

58. MCGEE — Order that the city update the webpage immediately and with the correct information.

59. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2016, Thirty-eight thousand two hundred seventeen and 16/100 Dollars ($38,217.16) as follows: (Fire)

FROM:
14251-51301 PAY-SNOW REMOVAL OVERTIME $28765.71
14261-51102 PAY-MOTOR EQUIPMENT REPAIR 9451.45
TOTAL: $38,217.16
TO:
12201-51510 SICK LEAVE BUYBACK $28,765.71
12201-51510 VACATION BUYBACK 9,451.45
TOTAL: $38,217.16

60. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2016, Seven thousand twenty and 00/100 Dollars ($7020.00) as follows: (Purchasing)

FROM:
14261-51102 PAY-MOTOR EQUIPMENT OPERATOR $7,020
TOTAL: $7020.00
TO:
11381-51500 VACATION BUYBACK $2,020
11381-51510 SICK LEAVE BUYBACK 5,000
TOTAL: $7020.00

61. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2016, Fourteen thousand and 00/100 Dollars ($14,000) as follows:(Solicitor)

FROM:
14301-51102 PAY-HEAVY EQUIPMENT OPERATOR $14,000
TOTAL: $14,000
TO:
19412-57630 CLAIMS-GENERAL $14,000
TOTAL: $14,000

62. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2016, Seventeen thousand and 00/100 Dollars ($17,000) as follows: (Benefits)

FROM:
14261-51102 PAY-MOTOR EQUIPMENT REPAIR $7,000
14301-51102 PAY-HEAVY EQUIPMENT OPERATOR 10,000
TOTAL: $17,000
TO:
19131-51999 UNEMPLOYMENT $17,000
TOTAL: $17,000

63. MCGEE — that there be and is hereby appropriated by transfer in the fiscal year 2016, Seven hundred seventy and 00/100 Dollars ($770) as follows: (City Clerk)

FROM:
11631-51300 Overtime $770
TOTAL: $770
TO:
11632-53190 Education and Training $770
TOTAL: $770

64. ROMAN — the Superintendent attend the Joint Meeting of the City Council & School Committee to discuss school security improvements / city wide crisis response efforts 

65. ROMAN — the Superintendent attend the Joint Meeting of the City Council & School Committee to discuss MSBA projects.

66. ROMAN — the City of Holyoke provide information to the Joint Committee of the City Council & School Committee as to the dollars available for capital improvements, now that the school construction bonds are completed.

67. ROMAN — Ordered that Section 14-18 part a be amended to state “one or more feral cats”

68. ROMAN — Ordered, that the City accept Temple Street as a public street.

69. ROMAN — the IT Department create a new committee, The Joint Committee of City Council and School Committee, in Lotus Notes for the City Council Agenda.

70. SULLIVAN — the City Council enact a rule or set of rules to govern the replacement of a vacated seat in an orderly and consistent manner.

71. SULLIVAN — the Board of Fire Commissioners meet with the City Council to discuss the ongoing problems with traffic signals.

72. SULLIVAN — the members of the Planning Board meet with the City Council to discuss current and future projects aimed at restoring and supporting the manufacturing and industrial base in Holyoke

73. SULLIVAN — the members of the Holyoke Redevelopment Authority and HEDIC meet with the City Council to discuss current and future projects aimed at supporting the manufacturing and industrial base in Holyoke.

74. SULLIVAN — the Commissioners of the Holyoke G & E and its General Manager meet with the City Council to discuss their vision, plans, and current projects.

75. SULLIVAN — the administrative staff of Goodwin College and Windsor Marketing Group be invited to address the council and school committee regarding potential collaboration and partnering with Dean Tech HS.

76. SULLIVAN — the City of Holyoke recommend and support a “Financial Assurance Mechanism” (FAM) for Holyoke Masonry products or BC Crushers of $500.00 The re-development of the 14 acres along Water St. is vital to the tax base and job creation needs of the Citizens of Holyoke. The developer has a proven record of responsible remediation and clean-up activity at this site.

77. VACON — the City Council issue a proclamation to recognize Lee Laptas and Kay’s Bakery for more than 60 years of operation and a record of great customer service.

78. VACON — That “No Parking” signs be placed on 202 northbound across from the entrance to Ashley Reservoir.  This has become a serious safety risk with people parking cars so they encroach on the travel lane and pedestrians jaywalking; endangering themselves and drivers traveling on 202.

 

 

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting.
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law

______________________________
City Clerk


Posted on April 29, 2016 by